Pappu Mandal v. The State Of Bihar

Patna High Court Cr.Misc. No.6304 of 2018 (2) dt.01-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6304 of 2018 Arising Out of PS.Case No. -127 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ====================================================== Pappu Mandal son of Manik Mandal, resident of Village- Jirwabari, P.S. Jirwabari, District- Sahibganj (Jharkhand) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Diwakar Upadhyaya, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.02.2017 in connection with Sanokhar P.S. Case No. 127 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against unknown. The petitioner's name has transpired on the extra judicial confessional statement of coaccused Pradeep Kumar Sah and except the same, there is no other material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the possession of the petitioner nor test identification parade has been conducted for his identification. Similarly situated co-accused Vinod Kumar Mandal @ Vinod Mandal is also implicated on the confessional statement of the said Pradeep Kumar Sah has been granted bail by this Court in Cr. Misc. No. 63407 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the

Patna High Court Cr.Misc. No.6304 of 2018 (2) dt.01-02-2018 satisfaction of learned Additional Chief Judicial Magistrate-IV, Bhagalpur, in connection with Sanokhar P.S. Case No. 127 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U